Stay Tuned with Preet Habeas Corpus in Jeopardy (with Rachel Barkow)
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May 13, 2025 
Rachel Barkow, a prominent professor at NYU Law School and former U.S. Sentencing Commission member, dives into the alarming conversation around the potential suspension of habeas corpus, spotlighting comments from Trump advisor Stephen Miller. She emphasizes Congress's crucial role in safeguarding constitutional rights against executive overreach. The discussion also touches on the implications of political language surrounding habeas corpus and historical precedents for its limitation, all while reflecting on the legacy of Supreme Court Justice David Souter.
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Threatening Suspension of Habeas Corpus
- Stephen Miller threatened suspending habeas corpus to expedite deportations, viewing judicial review as an obstacle.
- This signals a worrying willingness to override constitutional protections based on whether courts "do the right thing" as defined by the administration.
Habeas Corpus as Liberty's Pillar
- Habeas corpus is the cornerstone of any jurisdiction that respects liberty, preventing executive overreach in detaining individuals without judicial review.
- It marks the critical line between tyranny and democracy, ensuring liberty protection even before the Bill of Rights.
Threats to Habeas Corpus Signal Tyranny
- There is a history of dismissing habeas corpus rights subtly or indirectly through administrative or political tactics.
- Threats to the writ should raise serious alarms because they echo pathways to tyranny.